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HomeMy WebLinkAbout108423 VOGEL CONCRETE INC - PURCHASE ORDER - 9142187Fort Collins Date: 04/17/2014 PURCHASE ORDER PO Number Page 9142187 left This number must appear on all invoices, packing sli s and labels. Vendor: 108423 Ship To: OPERATIONS SERVICES VOGEL CONCRETE INC CITY OF FORT COLLINS 6330 S COLLEGE AVE 300 Laporte Avenue FORT COLLINS CO 80525 Building B FORT COLLINS CO 80521 Delivery Date: 04/17/2014 Buyer: JOHN STEPHEN N ote: Line Description Quantity Ordered UOM Unit Price Extended Price I Oak Street Parking Lot 1 LOT LS 3,811.76 Repairs per estimate #413 PER WORK ORDER OP-458968 2 Olive Street Parking Lot 1 LOT LS 2,644.42 Repairs per estimate #414 3 Jefferson Parking Lot 1 LOT LS 1,316.37 Repairs per estimate #412 City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by Gerry S. Paul City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fogov.00m Total $7.772.55 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 I. COMMERCIALDETAILS. Tax exemption. By smote the City of Fort Collins is exempt fmm state and local taxes. Our Exemption Number is 98-0450I. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is tensioned with the Collector of Internal Revenue, Denver, Colorado (Ref. Colorado Revised Slames 1973. Chapter 39-26.114 (a). Good Rejected. GOODS REJECTED due to failure to meet specification, either when shipped or due to defects or damage in mul may be remand to you for credit and art not in be replaced except upon receipt of written harmonicas firm the City of Fort Collins Inspection. GOODS not subject in the City of Fort Collin inspection on arrival. Final Acceptance. Reccipt of the merchandise, sere or equipment in response to this aide, can result in autborived payment on the pat of the City of Foe Collins. However, it is to he understood that FINAL ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. Freight Tams. Shipments must be F.O.B., City of Fan Collins, 900 Wood St., Fan Collins, CO 80522, unless otherwise specified on this order If permission is given to prepay freight and charge separately, the original freight bill must accompany invoice. Additional charges for packing will not he accepted. Shipment Distance. Where re. nufurmers have dioribming points in variaos parts or the country, shipment is expected from the nearest distribution Point to destrution, and excess freight will be, deducted from Invoice when shipments ore trade from greater dutance. Permits. Seller shall procure at sellers sole cost all necessary pnnnirs, carti0otes and licenses required by all appliwblc laws, regulations, ordlvncn and roles of the state, municipality, territory or political subdivision where the work is Performed, or required by my other duly coastal public authority huvingjurisdirom over the work of vendor. Seller further agrees to hold the City of Fart Collins harmless Firms and against all liability and loss recurred by them by reason of Os assertod or established violation of my such laws, regulation, odinnces, Met and requirements. Authorization. All permits to this comma agree that the representatives a e, in fact, boo fide and possess full and complete vu,hariry to bind said ponies. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and condition stared herein tier forth and any supplementary or additional tines and condition annexed herein or incorporated herein by reference. Any ddilimnal or different terns and transitions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENTimmediately ifyou cannot make complete shipment to arrive on your promised delivery date as noted. Time is turns, essence. Deloomy end performance most be eft'ected within the time stated on the purchase order and the document amchad hereto. No acts of the Purchasers including, wohom limitation, acceptance of partial late deliveries, shall operate as a waiver of this provision. In the event of any delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing Nis order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays due m causes not reasonably foreseeable which are beyond its reasonable control and without its fault ofnegligence, such acts ofGod, nets ofeivil or military authorities, governmental priorities, firer. strikes, Rod, epidemics, wars or riot provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller thou received knowledge thereof, In the event of my such delay, the date of delivery shall be extended for the period equal to the time actually lost by account orate delay. I. WARRANTY. The Seller warrants that all goods, articles, mmmah and work wooed by this order will conform with applicable dmwinpy, specification, samples Oskar other descriptions given, will be fit for the purposes inrended, aod performed with the highest degree of care and competence in accordance with accepted standard for work of a similar nature. The Seller agrees to hold the purchaser harmless Firm any loss, damage or expense which the purchaser may suffer or incur on account of the Sellers breach of warranty. The Seller shall refloat, repair or make god, without cost to the purchaser, any defects or faults arising within one (1) year or within such longer period of time. may be prescribed by law or by the reins of any applicable warranly provided by the Seller after the date of acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or use of games by the purchaser shall not constitute a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, Ne Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties or guarantees, bur such liability shall in no event include lass of parties or loss of are. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4, CHANGES IN LEGAL TERMS. The Purchaser ivy rake changes to legal term by woman change order. 5. CHANGES IN COMMERCIAL TEEMS. The Purebmer may make any changes to the remer, Other con legal terms. including additions to or deletions fmm the quantities originally ordered in the specifications or drawings, by verbal or wmnen change order. If any such change officer the mmunl due or the time ofperfommse binaural Or equitable adjustment shall be made. 6. TERMINATIONS. The Purchase, troy at any time by wnnen change order, terminate this agrceman, as 1m any or all portions of the goods then not shipped, nubjom to any equitable adjustment between the panics as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profit on the uncompleted portion of the goods mkor work, for incidental or consequential damages, and than no such adjustment be made in fav or of the Seller with respect to any goods which ale the Sellers standard slack. No .an termination shall relieve the Purchaser or the Seller of any oftheir obligation as to any good delivered hereunder. t. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asseded within thirty (30) daya from the date me change or termination is ardeotd. I. COMPLIANCE WITH LAW. The Seller warrant that all good sold heremder shall have been produced, sold, delivered and famished in strict compliance with all applicable laws and regdatiors to which the good arc aubjat The Seller shall execute and deliver such document as may be raryild to affect or eviderae compliance. All laws and regulation tortured an be incorporated in agreement of this character are hereby ivorporomi herein by this reference. The Seller agrees to indemnify, and hold the Purchaser bamless from all cost and damages suffered by the Purchaser as a result of the Sellers failurem comply wills such law. 9. ASSIGNMENT. Neither party shall assign, ranfq or convey this odor or my monies due or to become due hereunder without the prior written mnenl ofthe unit, pasty. 10. TITLE. The Seller warrants full, clear and unrestricted title to $e Purchaser for at I equipment, materials, and items f ishad in performance of this agreement, free and clear of any and dal liens, restrictions, reservmimns, samlty interest encumbrances and claims ofathers. 11. NONWAIVER. Failure of the Purchuer as inset upon strict performance of the teen and condition hereof, failure or delay b exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a bremh. the aceVa. ofar payment for Soods hereunder err approval fthe design, shall or ockese the Seller of my of the womnties or obligation of this purchase oiler and shall not be, dared a waiver of my right of the purchaser to insist upon inner performance hermfor my of us rights or randier us to my such goods, regardless of when shipped, received or accepted, as an any prior or subsequent default hereunder, nor shall my Empirical oral modification or rescission of Nis partial out by the Purchase, operare as a waiver of any of the rams hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize that in acural ecnntroic practice, erekara gresulting from anlitmsl violations arc in fact home by the Purchaser. Theretofore, for good cause and as consideration far executing this purchase order, the Seller hereby assign to the Purchaser any and all claims it may now have or hereafter acquired under fdeml or state antitrust laws for such overcharges relating to the particular good or services purchased oracquired bythe Pumbaserpura to this purchase order. H. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. tribe Purchaser directs the Seller to comet nonconforming m defective goods by a date la be agreed upon by the Potentiate and the Seller, and the Seller thereafter indicates its inability or mwillingness to comply, the Purchaser may cause the work to be perfumed by the most expedition mean available to it, and the Seller shall pay all tits associated with such work. The Seller shall release the Purchaser and its contractors of any via fmm all liability and claims of my mmre resulting from the performance ofsuch work. This release shall apply even in the event of fault of negligence of the party, released and shall exland to the directors, olRcas and employees of such pony. The Sellers conrme rml obligation, including warranty, shall not be deemed[ to be ax uccd, in any way, bceeose such work is performed or caused Ins be performed by the Purchaser. 14, PAT'ENTS. Whenever the Seller is required to use my design, device, material or Process covered by lifter, patent, trademark Or copyright, the Seller shell indemnify and save harmless the Purchaser from any and at I claims for infringement by reason of the use of such patented design, device. material or process in connections with the contract, and shall indenmi fy the Purchaser for any cost, expense or damage which it may be obliged to pay by reason of such infringement at my time during the prwecution or after the completion of the work. In case said equipment, or any part thereof or the intended use of the goods, is in such suit held to contimte infringement and the use of said equipment or pan is enjoined, the Seller shall, at its own expense and at it option, either procure for the Purchaser the right to continue ring said equipment or pans, replace the same with substantially eqml but mninfringing equipment, or modify it so it becomes naninGnging. 15. INSOLVENCY. If the Seller shall become insolvent or bankar t, make an assigmrcnt for the benefit of total appoint a receiver Or romwe for any of nit Sellers property or business, this order may forthwith be canceled by the Purchaser witMut liability. 16. GOVERNING LAW. Tha definition of sent used or the imeryretation ofthe agreement and the right troll parries heremda shall be contmed under and governed by the laws of the Sure of Colorado, USA. The following Additional Condition apply only in cases where the Seller is to perform work hereunder, including the services of Sellers RepresentaOve(s), on the premises of others. 17, SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until the same is fully completed and accepted, and shall, in se of any accident, destruction or injury to the work sal materials before Sellers final completion and acceptance, complete the work at Sellers own experts and to the satisfaction of the Pu¢hasa. When materials and equipment are famished by others for installation or erection by the Seller, the Seller shall receive, unload. store and handle same at the site and became responsible therefor as though such mormals and/or equipment were banµ famished by the Seller under the Order. 18. INSURANCE. The Sella shall, i t his own expense, provide for the payment of workers compensation, including compatioml disease benefits, to its employees employed on or in comixtion with the work covered by Otis purchase order, mkor m their dependent in mrnrdmce with the haws of the state in which Ore work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, c nno meal and auromobile public liability insurance with bodily injury anal death limits of at least S300,000 for my one person, 5500,000 for any one accident and property damage limit per accident of 5400.000. The Seller shall likewise require his contractors, if my, to provide for such compenalimm and inurdae. Before any of the Sellers or his contractors employees shall do any work upon the Final of others, the Seller shall furnish the Purchaser with a certificate that such compensation and inuance have been provided. Such certificates shall specify the data when such compensation and insurance have been provided. Such cetreaas shall specify the date when such compensation and insurance expires. The Seller agrees that inch compensation and insurance shall be m mwwx[ until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liabil dy for any and all damage, loss or injury ofany kind r nature whatsoever m Persons or property caused by or resulting fmm the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold homeless the Purchaser and any r all of the Purchasers officers, agent and employees fmm and against any and all claims, losses, damages, charges or expersses, whether direct or indirect, and whether to person or pmpety an which the purchaser ivy be put or subject by reason of any ant, mum, neglect, omission or default on the pert of nit Seller, any of his ontracmrs, or my of din Sellers our contractors officers, agent or employees In res, any suit or other ptacedings shall be, brought against the Purchaser, or it officers, agent or employees at my time on account or by reason of my act, ration, neglect, omission or default of the Seller of my of his contractors or my of it Or their oMe.. agent or employees as aforesaid, the Seller Earthy agraef to assume the defense thercof and to defend the Same at the Sellers own expense, to pay my and all costs, charges, attomeys fees and other experea s, my and all judgments that may be iauned by m obtained against the Puralmor or any of its or Neu oRcm, agents Or employees in such suit or other proceedings, and in eau judgment or other lien W placed upon or obtained against the property ofnie Punchuer, or mid parties in or as a result of rah miss or other proceedings, the Seller will at once cause the were to be dissolved] and discharged by giving bond or othervnse. The Seller and his contractors shall take all safety precaution, finish and install all gourd necessary for the prevention of mcidenu, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all ales and regulations issued pursuant thermo. Revised (Hart 10